---
kind: "section"
citation: "42 U.S.C. § 8626"
title: "42"
title_heading: "The Public Health and Welfare"
number: "8626"
heading: "Payments to States; fiscal year requirements respecting availability, etc."
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/8626"
units:
  - "Chapter 94 — Low-Income Energy Assistance"
  - "Subchapter II — Low-Income Home Energy Assistance"
---

# §8626. Payments to States; fiscal year requirements respecting availability, etc.

- (a)
  - (1) From its allotment under [section 8623 of this title](/usc/42/8623.md), the [Secretary](/usc/42/8622.md?p=9) shall make payments to each [State](/usc/42/8622.md?p=10) in accordance with [section 6503(a) of title 31](/usc/31/6503.md?p=a), for use under this subchapter.
  - (2) Each [State](/usc/42/8622.md?p=10) shall notify the [Secretary](/usc/42/8622.md?p=9), not later than 2 months prior to the close of a fiscal year, of the amount (if any) of its allotment for such year that will not be obligated in such year, and, if such [State](/usc/42/8622.md?p=10) elects to submit a request described in [subsection (b)(2)](#b-2), such [State](/usc/42/8622.md?p=10) shall submit such request at the same time. The [Secretary](/usc/42/8622.md?p=9) shall make no payment under [paragraph (1)](#a-1) to a [State](/usc/42/8622.md?p=10) for a fiscal year unless the [State](/usc/42/8622.md?p=10) has complied with this paragraph with respect to the prior fiscal year.
- (b)
  - (1) If—
    - (A) the [Secretary](/usc/42/8622.md?p=9) determines that, as of September 1 of any fiscal year, an amount allotted to a [State](/usc/42/8622.md?p=10) under [section 8623 of this title](/usc/42/8623.md) for any fiscal year will not be used by such [State](/usc/42/8622.md?p=10) during such fiscal year;
    - (B) the [Secretary](/usc/42/8622.md?p=9)—
      - (i) notifies the chief executive officer of such [State](/usc/42/8622.md?p=10); and
      - (ii) publishes a timely notice in the Federal Register;

      that, after the 30-day period beginning on the date of the notice to such chief executive officer, such amount may be reallotted; and

    - (C) the [State](/usc/42/8622.md?p=10) does not request, under [paragraph (2)](#b-2), that such amount be held available for such [State](/usc/42/8622.md?p=10) for the following fiscal year;

    then such amount shall be treated by the [Secretary](/usc/42/8622.md?p=9) for purposes of this subchapter as an amount appropriated for the following fiscal year to be allotted under [section 8623 of this title](/usc/42/8623.md) for such following fiscal year.

  - (2)
    - (A) Any [State](/usc/42/8622.md?p=10) may request that an amount allotted to such [State](/usc/42/8622.md?p=10) for a fiscal year be held available for such [State](/usc/42/8622.md?p=10) for the following fiscal year. Such request shall include a statement of the reasons that the amount allotted to such [State](/usc/42/8622.md?p=10) for a fiscal year will not be used by such [State](/usc/42/8622.md?p=10) during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year. Any amount so held available for the following fiscal year shall not be taken into account in computing the allotment of or the amount payable to such [State](/usc/42/8622.md?p=10) for such fiscal year under this subchapter.
    - (B) No amount may be held available under this paragraph for a [State](/usc/42/8622.md?p=10) from a prior fiscal year to the extent such amount exceeds 10 percent of the amount payable to such [State](/usc/42/8622.md?p=10) for such prior fiscal year. For purposes of the preceding sentence, the amount payable to a [State](/usc/42/8622.md?p=10) for a fiscal year shall be determined without regard to any amount held available under this paragraph for such [State](/usc/42/8622.md?p=10) for such fiscal year from the prior fiscal year.
    - (C) The [Secretary](/usc/42/8622.md?p=9) shall reallot amounts made available under this paragraph for the fiscal year following the fiscal year of the original allotment in accordance with paragraph (1) of this subsection.
  - (3) During the 30-day period described in [paragraph (1)(B)](#b-1-B), comments may be submitted to the [Secretary](/usc/42/8622.md?p=9). After considering such comments, the [Secretary](/usc/42/8622.md?p=9) shall notify the chief executive officer of the [State](/usc/42/8622.md?p=10) of any decision to reallot funds, and shall publish such decision in the Federal Register.

## Source credit

(Pub. L. 97–35, title XXVI, § 2607, Aug. 13, 1981, 95 Stat. 900; Pub. L. 98–558, title VI, § 606, Oct. 30, 1984, 98 Stat. 2892; Pub. L. 101–501, title VII, § 706, Nov. 3, 1990, 104 Stat. 1260; Pub. L. 103–252, title III, § 310, May 18, 1994, 108 Stat. 661; Pub. L. 105–285, title III, § 307, Oct. 27, 1998, 112 Stat. 2758.)

## Notes

### Editorial Notes

### Codification

In subsec. (a)(1), “section 6503(a) of title 31” substituted for “section 203 of the Intergovernmental Cooperation Act of 1968 [42 U.S.C. 4213]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

### Amendments

1998—Subsec. (b)(2)(B). Pub. L. 105–285 struck out “and not transferred pursuant to section 8623(f) of this title” after “such prior fiscal year” in first sentence and “but not transferred by the State” after “the amount payable to a State” in second sentence.

1994—Subsec. (a). Pub. L. 103–252 designated existing provisions as par. (1) and added par. (2).

1990—Subsec. (b)(2)(B). Pub. L. 101–501 substituted “10 percent” for “15 percent”.

1984—Subsec. (b)(2)(A). Pub. L. 98–558, § 606(a), inserted “Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year.” and “or the amount payable to” after “computing the allotment of”.

Subsec. (b)(2)(B). Pub. L. 98–558, § 606(b), substituted “15 percent” for “25 percent”, “payable to such State for such prior fiscal year and not transferred pursuant to section 8623(f) of this title” for “allotted to such State for such prior fiscal year”, and “payable to a State but not transferred by the State” for “allotted to a State” in second sentence.

Subsec. (b)(2)(C). Pub. L. 98–558, § 606(c), added subpar. (C).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–252 effective Oct. 1, 1994, see section 314 of Pub. L. 103–252, set out as a note under section 8621 of this title.

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–558 applicable to amounts held available for fiscal years beginning after Sept. 30, 1985, see section 609(c) of Pub. L. 98–558, set out as a note under section 8621 of this title.